- (1.) Heard Sri Sumit Goyal, learned counsel for the appellant and, learned Govt. Advocate for the State. We have perused the record and trial court judgment. This appeal arises out of a judgment of the IIIrd Additional District & Sessions Judge, Saharanpur dated 13.12.1982 in Sessions Trial No. 318 of 1982, P.S. Kotwali Dehat, District Saharanpur convicting and sentencing the appellant Ranjeet to life imprisonment under Section 302/34 I.P.C. and to undergo R.I. for 5 years under Section 394 I.P.C. The prosecution version as disclosed in the F.I.R. was that when witnesses Shakil Ahmad, PW-1, Suleman, PW-2 and the deceased Abdul Rehman (uncle of informant) were returning from Saharanpur to their villages on their bicycles after selling milk at about 12.15 a.m. in the night on 20/21.04.1982 near the big canal, the three accused persons attacked them who were hiding under a peeple tree. One accused person came running from the northern side with a pistol in his hand, who fired on the witnesses and the deceased. The fire struck the deceased Abdul Rehman on his chest who fell down after proceeding for a short distance. The miscreants started threatening the witnesses and the deceased and took away their bicycles and cash i.e. Rs. 900 from the informant Shakil Ahmad and Rs. 50 from Suleman.
(2.) Only the name of appellant Ranjeet resident of Village Manshapura, P.S. Kotwali Dehat, District Saharanpur has been mentioned in the F.I.R. which was lodged on 21.04.1982 at 03.15 a.m. at P.S. Kotwali Dehat, District Saharanpur, which was 11 k.m. from the place of occurrence. It was described that the cause of death of the deceased was fire arm injury as noted in the postmortem report prepared by PW-4, Dr. Govind Swaroop Gupta on 14.10.1982.
(3.) Three witnesses of fact have been examined i.e. Shakil Ahmad, PW-1, Suleman, PW-2 and Ayyub PW-3 who rushed later at the spot from their fields with torches and who are also said to have heard the cries of the witnesses and the shot being fired and also claimed to have seen the incident.;